GOHIL VISHVARAJ HANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These Letters Patent Appeals are preferred under Clause 15 of the Letters Patent, aggrieved by interim order passed in Special Civil Application No.11149 of 2015. When such appeals were listed for hearing, with consent of the learned advocates appearing for the parties, we have directed to list these appeals along with Special Civil Application itself. As such Special Civil Application itself is heard and is being disposed of along with the appeal by this order.

(2.) The Special Civil Application is filed under Article 226 of the Constitution of India, seeking writ of mandamus or any other appropriate writ, order or direction declaring Government Resolution No.Talati - 102014 -2294 -N dated 03.07.2015 (by which Government has cancelled recruitment process for the post of Revenue Talati) as illegal and arbitrary with a further direction to the respondents to issue appointment orders to selected candidates from the select list which is already prepared.

(3.) One day earlier to examination, viz. 15.02.2014 a complaint was lodged bearing F.I.R. No.46 of 2014 before Sector -7 Police Station, Gandhinagar which was registered under section 406, 420 and 144 of the Indian Penal Code against one Kalyansinh Mulsinh Champavat and another Nileshbhai Umeshbhai Shah. The complaint was to the effect that they had accepted money from some of the candidates who were to appear in the examination of Revenue Talatis by giving them assurance that they would see that those candidates are appointed. Further information was received from the Police Department that a case has been registered pursuant to such complaint and those two persons were arrested. The authorities proceeded to conduct examination on 16.02.2014 and further the Police authorities had informed the Chairman of the Recruitment Committee with regard to steps taken on such complaint by their communication dated 17.02.2014. While further steps were being taken pursuant to the examination held on 16.02.2014 and when Gujarat Technological University was under process of checking OMR Sheets and preparation of provisional merit list, it has also come to the notice of the authorities that there were large number of OMR Sheets where specific marking was being made by the candidates, who appeared in the examination. On 26.05.2014 the concerned Police authority had informed the Chairman of the Recruitment Committee that during interrogation of those persons, who were arrested it has come to the notice of the Police authorities that they had advised the candidates to put 'b' mark on right side of the OMR Sheets so that they can be identified and about 23 such candidates had, in fact, put special 'b' mark on the right side of the OMR Sheet. Thereafter, the entire data was sent to Forensic Science Laboratory, Gandhinagar for further investigation. Further investigation revealed that 284 OMR Sheets were found with specific mark 'b'. The Recruitment Committee has decided to cancel candidature of such candidates. Thereafter, it was proceeded further and in view of urgency to fill up the posts provisional merit list was declared on 10.10.2014 and about 8456 candidates were placed in the provisional merit list. Such merit list was prepared by taking into account five times candidates of the category -wise vacant posts. Thereafter, document verification was made from 17th to 21st October 2014.